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(영문) 서울남부지방법원 2013.04.30 2013고정1100

공무집행방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 07:50 on December 28, 2012, the Defendant: (a) asked a slope D belonging to the Seoul Yangcheon Police Station C District District, which was dispatched to the scene under the direction of mobilization at the front of the Yangcheon-gu Seoul Center; (b) stated that he was subject to the investigation by committing the immediately preceding assault, etc.; and (c) stated that “I am, Chewing, al, al, al, al, ging off to the police station, al, al, ging off, al, al, ging off, and al, ging off to the police station; (d) opened the front door of the patrol car (net 21) on which he was on board, and prevented the operation of approximately 5 minutes; and (e) assaulted the head of the said D while getting on the back seat of the said patrol seat and moving to the C District of the Seoul Gyeyang Police Station.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the site.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as the same as the order in consideration of the fact that the defendant has no previous convictions in the same kind of crime, the confessions of the crime, and suffering from a recurrence friendly disorder, and is the recipient of basic living expenses.